Opinion
Gen. No. 43,705. (Abstract of Decision.)
Opinion filed. May 20, 1947 Released for publication June 9, 1947
AUTOMIBILES AND MOTOR VEHICLES, § 144.1 — instruction as to care required for one's safety when confronted with sudden danger. In action for injuries sustained by pedestrian when struck by automobile while attempting to cross street in middle of block, involving issue whether pedestrian was contributorily negligent in getting himself into position of danger by deliberately proceeding into street with knowledge that automobile was approaching, instruction, that where person without, fault on his part is confronted with sudden danger or apparent sudden danger, obligation resting upon him to exercise ordinary care for his own safety does not require him to act with same deliberation and foresight which might be required under ordinary circumstances, constituted reversible error as limiting jury's consideration to time after pedestrian had gotten himself into place of danger and eliminating from their consideration his conduct preceding that time (Ill. Rev. Stat. 1945, ch. 95 1/2, par. 172; Jones Ill. Stats. Ann. 85.204).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. E. I. FRANKHAUSER, Judge, presiding.
Judgment reversed and cause remanded for new trial. Heard in the second division, first district, this court at the February term, 1946.
Hinshaw Culbertson, for appellant;
Oswell G. Treadway, of counsel;
James A. Dooley, for appellee.
Not to be published in full. Opinion filed. May 20, 1947; released for publication June 9, 1947.